Apr 23, 2013 6:00am PDT
was provided before or after that judge/magistrate was there and r read him his miranda rights? the right to remain silent and the right to have an attorney? >> sources have indicated to us that was part of a questioning that they did under the -- fbi agent does under a national security exemption, before he was assigned counsel. they had the ability in the interest of public safety exception to be able to ask questions, were there additional coconspirators, where and were there additional explosives. the source of things you want to know immediately in order to protect the public. presumably base wanted on what we are hearing, those are the questions they asked and the kinds of responses prior to the first appearance yesterday. >> that would fit in with the public safety exception in the there a in providing the miranda rights to this criminal defendant as he now is, charges have been read to him. fran, we'll stay in close touch with you, fran townsend. much more from boston in just a moment. other news that we're watching as well. the fbi, back in washington, up on capitol hill, lawmake
Apr 22, 2013 10:00pm PDT
group. a federal magistrate the 19- year-old was advised of his miranda rights. there was more information in thele criminal complaint. ken wayne has been looking over it for us. >> reporter: this ten page criminal complaint lays out the fbi's case against tsarnaev. conspiring of using a weapon of mass destruction, a charge that if convicted could lead to the death penalty. dzhokhar tsarnaev is in serious conditions with gunshot wounds to the head, neck, leg, and hand. he has communicated to investigators by nodding and writing. at his bed side, a court representative says i will ask the doctor whether the patient is alert. the doctor asks, how you are feeling? tsarnaev nods. authorities are convinced the two brothers acted alone. >> i told boston they can rest easily. >> reporter: the affidavit describes the brothers walking through the marathon crowd with knapsacks and then separating. at one point, dzhokhar can be seen slipping his knapsack to the ground. he used his cell phone, then walked away. seconds later, an explosion. and information about a trip to russia last year.